No. 19-769
Alaa Elkharwily v. Franciscan Health System
Response Waived
Tags: bright-line-rule civil-procedure claim-preclusion different-facts district-court due-process federal-courts fraud-on-the-court issue-preclusion ninth-circuit post-trial-relief res-judicata
Latest Conference:
2020-02-21
Question Presented (from Petition)
Whether federal courts must refuse to dismiss on res judicata grounds a second claim against the same defendant that is based on different facts, evidence, and or claims that did not exist nor could have been possibly brought at the time of filing a prior claim, thus establishing the time of filing of the first action as a bright line.
Question Presented (AI Summary)
Whether federal courts must refuse to dismiss on res-judicata grounds a second claim against the same defendant that is based on different facts, evidence, and or claims that did not exist nor could have been possibly brought at the time of filing a prior claim, thus establishing the time of filing of the first action as a bright-line
Docket Entries
2020-02-24
Petition DENIED.
2020-01-15
DISTRIBUTED for Conference of 2/21/2020.
2019-12-27
Waiver of right of respondent Franciscan Health System to respond filed.
2019-12-04
Petition for a writ of certiorari filed. (Response due January 15, 2020)
Attorneys
Alaa Elkharwily
Alaa Elkharwily — Petitioner
Franciscan Health System
Bruce W. Megard — Bennett Bigelow & Leedom, P.S., Respondent